What is the deadline to challenge a resolution?
Three months from adoption, or from notification if you were absent. One year where the resolution is contrary to law or the statutes.
Community of Owners Lawyer
Communities in Torrevieja and Orihuela Costa share a very specific set of conflicts: meetings convened without the legal requirements, levies approved by insufficient majorities, accessibility works that divide owners, and non-resident owners who learn about everything too late. The Horizontal Property Act sets strict majorities and short deadlines to challenge a resolution.
Challenging general meeting resolutions
Article 18 of the Horizontal Property Act allows resolutions to be challenged when they are contrary to law or the statutes, seriously harmful to the community for the benefit of one owner, or an abuse of rights. The deadline is three months from adoption, or one year where the resolution breaches the law or statutes, and the challenging owner must be up to date with payments or have deposited the debt with the court.
Levies, works and accessibility
Not all works require the same majority. Conservation and compulsory works need no prior resolution; accessibility works for disabled owners or those over seventy have a reinforced regime; non-essential improvements require qualified majorities and a dissenting owner may be exempt where the levy exceeds three ordinary monthly instalments.
Recovering unpaid community fees
Communities may recover unpaid fees through the monitorio procedure, based on a certified liquidation of the debt approved by the meeting and notified to the debtor. Buyers are liable for the current year and the three preceding calendar years, so a certificate of debts should always be requested before purchase.
Frequently Asked Questions
Can I challenge if I owe fees?
No, unless you deposit the debt with the court or the challenge concerns the setting or alteration of the fees themselves.
Can I be required to pay for a lift if I live on the ground floor?
It depends on the title deed, the statutes and whether the works are compulsory accessibility works. Statutory exemptions exist but are construed narrowly.
Is the buyer liable for the previous owner's debts?
Yes, for the current year and the three preceding calendar years, which is why a community debt certificate is essential before signing.